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General

INTELLECTUAL PROPERTY RIGHTS
The entire content of this website, all texts, pictures, graphics and logos as well as all other files available for download on this server are copyright-protected and/or trademarked.

PERMISSIBLE USE
Utilization of this website and downloads is permitted exclusively for private, noncommercial purposes. Any other use that goes beyond the aforementioned, i.e. for commercial purposes, reproduction or dissemination, requires the prior written consent of Sport Bründl Gesellschaft m.b.H.

GUARANTEES AND LIABILITY
We accept no liability for the topicality, accuracy or completeness of information presented on this website, including technical information about products or services. Changes to products and services presented on this website can always happen in the meantime. Download of files available on the server is at the user’s own risk. Any and all liability for direct or indirect damages caused by this, or further use thereof, is excluded. This also pertains to data loss and loss of earnings.

LINKS
We are not responsible for the content of third-party Internet pages to which we have installed links from this website. These links are intended solely as additional support for the viewer. We have no influence whatsoever on the content of such external pages and the content of said pages does not constitute part of our own Internet presentation.

PREAMBLE
These ""General Terms and Conditions"" are an integral component of contracts for services and offers that involve professional consultation of clients by Sport Bründl Gesellschaft m.b.H. within the scope of generally accepted principles of professionalism.

  1. 1. In the eventuality that individual provisions of these General Terms and Conditions become null or void, this in no way affects the validity of the remaining provisions.
  2. 2. Sport Bründl Gesellschaft m.b.H. is entitled to fulfill the consulting contract by means of competent employees or by means of professional/freelance cooperating partners.
  3. 3. The client shall ensure provision in a timely fashion to Sport Bründl Gesellschaft m.b.H. of all documentation necessary in order to fulfill and complete the consulting contract, without having to especially request that the client do so. This also applies to all documentation, processes and circumstances that only become apparent in the course of the consultant’s activities.
  4. 4. The relationship of trust between the client and Sport Bründl Gesellschaft m.b.H. requires that Sport Bründl Gesellschaft m.b.H. be fully informed about other prior and/or ongoing consulting services.

A. BRÜNDL SPORTS CUSTOMERS IN GENERAL

§ 1 Legal Scope

These General Terms and Conditions shall apply pursuant to order confirmation by the client.

§ 2 Scope of the Consultancy Agreement

The scope of the consultancy agreement is stipulated within the framework of offer and acceptance.

§ 3 Assurance of Independence

The contractual parties mutually oblige themselves to take all suitable steps in order to prevent impingement upon the independence of the cooperation partners and employees of Sport Bründl Gesellschaft m.b.H..

§ 4 Safeguarding the intellectual property of Sport Bründl Gesellschaft m.b.H. /Copyright/ Usage

  1. The client is required to ensure that any offers, reports, analyses, appraisals, service descriptions, concepts, calculations, sketches, data media etc. provided to its employees and cooperating partners within the scope of the contracted audit conducted by Audit Services GmbH will only be used for purposes directly pertinent to said contract. In particular, the sharing of professional statements of any kind from Sport Bründl Gesellschaft m.b.H. with third parties, with or without remuneration, requires the prior written consent of Sport Bründl Gesellschaft m.b.H. Any liability on the part of Sport Bründl Gesellschaft m.b.H. with respect to third parties shall have no foundation.
  2. The use of professional statements from Sport Bründl Gesellschaft m.b.H. for the client’s own advertising purposes is not permissible. Any breach of this clause entitles Sport Bründl Gesellschaft m.b.H. to cancel without notice all other contracts which have yet to be completed.
  3. Sport Bründl Gesellschaft m.b.H. retains copyrights to all of its services.
  4. In view of the fact that all provided consulting services are the intellectual property of Sport Bründl Gesellschaft m.b.H., the usage rights thereof, even after payment has been made, remain exclusively for the client’s own purposes and only to the extent stipulated in the contract. Any transfer that occurs despite this, also pursuant to dissolution of the company or insolvency, though also the temporary relinquishment thereof for reproduction purposes, may result in assertion of claims for damages.

§ 5 Remedies of Deficiencies and Guarantees

Subject to applicable legal provisions.

§ 6 Liability

When providing consulting services, Sport Bründl Gesellschaft m.b.H. and its employees do so in accordance with generally accepted principles within their profession. Sport Bründl Gesellschaft m.b.H. accepts no liability for the topicality, accuracy, completeness or quality of information provided by the client as well as any appraisals, analyses, reports etc. based thereon.

§ 7 Confidentiality Obligation

  1. Sport Bründl Gesellschaft m.b.H. and its employees obligate themselves to maintain confidentiality about all matters with which they become acquainted within the context of their activities for the client.
  2. Sport Bründl Gesellschaft m.b.H. may only issue reports, appraisals and other written statements about the results of their activities with the consent of the client.
  3. Sport Bründl Gesellschaft m.b.H. is authorized to process personally identifiable data which has been entrusted to it consistent with the scope and purposes of the consulting agreement, or to have said data processed by third parties. Sport Bründl Gesellschaft m.b.H. guarantees data confidentiality in compliance with provisions of the Data Privacy Act.

§ 8 Right to Remuneration

  1. As consideration for provision of its consulting services, Sport Bründl Gesellschaft m.b.H. has the right to payment of a commensurate fee by the client.
  2. If completion of the order pursuant to acceptance of the offer is prevented by the client (e.g. due to cancellation), the stipulated compensation shall belong to Sport Bründl Gesellschaft m.b.H. nonetheless.
  3. Should the order fail to be completed due to circumstances for which Sport Bründl Gesellschaft m.b.H. Is substantially responsible, the aforementioned only has a claim to compensation for those services it had previously provided. This applies in particular when, despite cancellation, its previously rendered services are utilizable by the client.
  4. Sport Bründl Gesellschaft m.b.H. may make fulfillment of its services contingent upon satisfaction of its compensation claims in full. Any complaint pertaining to the work performed by Sport Bründl Gesellschaft m.b.H., except in the event of flagrant deficiencies, does not entitle the client to withhold any compensation that is due.

B. Rental of sporting equipment by BRÜNDL SPORTS customers

1. Contractual Partners

The contractual partners of this rental agreement are, in addition to the customer who is making the booking either in person or online via www.bruendl.at (hereinafter referred to as “booking platform”), Sport Bründl Gesellschaft m.b.H., Nikolaus-Gassner-Straße 4, 5710 Kaprun or companies which belong to the aforementioned including Schmittenhöhe Service GmbH & Co KG, Sports & Emotions GmbH as well as Planai Sport GmbH (hereinafter referred to as "rental business"), at which the rental object is picked up and/or paid for. The concrete contractual partner in question – Sport Bründl GmbH, Schmittenhöhe Service GmbH & Co KG, Sports & Emotions GmbH or Planai Sport GmbH – is also displayed on the pick-up slip for the rental item.  

2. Rental Object

All winter and summer sporting equipment as well as additional products available for rental by means of our booking platform (skis, snowboards, ski boots, cross-country skis, cross-country sets, touring skis, touring-ski sets, helmets, poles, protectors, sleds, bikes, e-bikes, etc.) are hereinafter collectively referred to as the rental object and comprise all winter/summer sporting equipment in all categories and age groups. Requests (e.g. group requests) and bookings (e.g. online bookings) are hereinafter uniformly referred to as bookings

Ski-school offers and lift tickets: When booking a ski-school service (e.g. a ski course) or a lift ticket, Sport Bründl and its booking platform serve merely as agents subject to exclusion of all liability with respect to the customer. In the event of a booking, the contract is entered into exclusively between the customer who is looking and the provider in question (ski school or lift company). It is their respective terms and conditions that shall apply. Sport Bründl will forward reservation details to ski schools. Lift passes will be issued at the respective rental location based on the data which had been provided. 

3. Rental Conditions

Rentals are subject exclusively to the following conditions.  

3.1. By entering into a booking, the customer confirms that they are fully legally competent and therefore also at least 18 years of age.

3.2. The rental business will not hand over the rental object until payment of the rental price has been received in full (online or in person at the rental shop).

3.3. Before the rental object will be handed over, the customer must present an official photo ID (e.g. passport or driver’s license) as well as a (printed) booking confirmation, and will declare their consent to copies being made of these documents. In the event that the rental shop should have questions with respect to the age of children or youths for which the customer is entering into a rental agreement, an official photo ID with proof of age must be presented to an employee of the rental shop in question.

3.4. The booking platform contains a depiction as well as booking availability of rental objects at various rental shops. Upon conclusion of the booking process with or without payment, the booking platform will automatically generate a voucher (reservation confirmation), which will be sent to the customer via email and will also be made available for download on the final booking page. With this (printed) voucher, the customer can pick up the booked rental object at the rental shop. Furthermore, the booking information will be forwarded to the rental shop in question. Upon the conclusion of rental, the customer will automatically receive an email requesting feedback. 

3.5. By completing the booking, the customer confirms the accuracy of their personal data, which will in turn aid in the correct adjustment of the sporting equipment in question. The customer may not make any unauthorized changes to adjustments that had previously been made by the rental shop. 

4. Obligations of the Rental Customer

The customer is fully responsible for the rental object and is required to use it in accordance with its function and usage conditions. If, at the time it is rented out, it has any deficiencies, the customer may – insofar as the rental shop is unable to remedy the deficiencies – exchange it or withdraw from the rental agreement. The rental object may not be transferred to third parties. The customer shall ensure that the rental object is stored in such a way that prevents it being mistakenly removed or stolen. The rental object is, insofar as no insurance has been purchased, not insured. In the event of theft resulting from noncompliance with stipulated storage obligations, the customer shall be liable for the fair market value of the object in question.

5. Validity

5.1. The reservation order becomes valid upon receipt of the reservation confirmation.

5.2. Rentals after 3 PM (with the exception of depots and bikes) are billed commencing on the following calendar day. If the rental object (with the exception of bikes) is returned before 10 AM, the current calendar day will not be billed.

5.3. The rental shop will maintain the availability of the rental object until close of business of the first day of the reservation. After this time, the reservation will lose its validity. If, for whatever reasons, the customer is unable to utilize the reservation, prior to the day upon which the reservation begins we will refund any deposit which had been paid.

5.4. The rental price only applies to consecutive days.

5.5. With respect to online bookings made less than 48 hours in advance, prior-day pick up and a specific model of ski cannot be guaranteed, i.e. pick-up is only possible on the first rental day and the model of ski is restricted solely to the general category of ski the customer has booked. 

6. Revocation Right

6.1. In the event of injury or illness affecting the customer in the course of a current rental period, should the rental object be returned immediately the money will be refunded for the remainder of the rental period which had previously been paid for.

6.2. In the event of cancellation, please contact the rental shop directly (contact information may be found on the booking confirmation) or send an email to office@bruendl.at  

7. Theft or Damage to the Rental Object

The rental object (with the exception of bikes) carries basic insurance against damage. In the event of theft, however, the customer shall pay a deductible according to the following scale:  

  1. for bookings in the Economy category: € 150   
  2. for bookings in the Premium category: € 250   
  3. for bookings in the Superior category: € 350  

By paying a one-time fee in the amount of € 6 for a rental period of one day, € 10 for a rental period of two days maximum, or € 16 for a rental period of three days or longer, the aforementioned deductible as a consequence of theft shall be dropped. In the event of theft, a copy of an official police report is required. If the customer does not present a copy of the police report, they shall be liable for the fair market value of the rental object in question. 

In the event of willful damage, the customer shall pay the repair costs. If for this same reason repair shall prove impossible, the customer is liable for the fair market value of the rental object in question. 

8. Prices, Payments and Rebates

8.1. All prices include all applicable taxes and duties due at the time of booking, less the optional rebate. The prices cited are in euros (€, EUR). Payment is only possible in euros exclusively. 

8.2. The booking can be paid for by means of the following payment methods: 

  • credit card (Visa, Mastercard) 
  • Sofort electronic transfer 
  • Paypal 
  • cash (in person only) 

Payments by means of Saferpay (American Express, Mastercard, Visa, Maestro, Diners Club, iDEAL, Paypal and Sofort) are conducted by means of external payment provider SIX (SIX Payment Services Europe S.A., Austrian branch, Marxergasse 1B, A-1030 Vienna, www.six-payment-services.com). No additional fees are charged for the service. 

Any other potential fees in association with payment not charged by the rental business itself (banking fees, foreign currency exchange commissions, etc.) are borne exclusively by the customer only.

8.3. Advertised online rebates (special discounted pricing offered at various rental shops) and/or rebate codes may not be combined. 

9. Participation in the Rental Loyalty Bonus

Registration and participation in the Rental Loyalty Bonus requires the customer provide their email address when making a booking and not revoke their consent to the sending of advertising materials by email. If the customer objects to the sending of emails, this will likewise terminate participation in Rental Bonus mailings. Any previously issued Rental Loyalty Bonuses will remain unaffected even after termination of participation in Rental Loyalty Bonus mailings and may be redeemed until the expiration date has been reached.  

If the customer rents at least twice in the course of the year in the booking period from 1.9. to 31.8. at one of the rental business’s 23 rental shops or online, including skis, snowboards or bicycles, in the following year the customer will receive a Rental Loyalty Bonus in the amount of 5% off the total value of a reservation in the new booking period. In the event of three or more rental transactions by the customer in a given year, in the subsequent year the customer will receive a rebate in the amount of 8% off the total value of a reservation. The message containing details about the accrued bonus will automatically be sent to the customer at the end of the booking period by email to the email address which the customer had previously provided. 

The Rental Loyalty Bonus may only be redeemed in the booking period immediately subsequent to the booking period in which the Rental Loyalty Bonus had been earned, and is valid for all rental items, with the exception of lift tickets, depots and insurance, within the scope of a reservation transaction either online or at one of the 23 shops. The Rental Loyalty Bonus may be combined with other rebates up to a maximum of two rebate combinations. If the Rental Loyalty Bonus is not redeemed by 31.8 of the year subsequent to the Rental Bonus having been awarded, this will automatically lapse and may no longer be redeemed.

In the event of a reservation revocation, erroneous booking or misuse, the rental business reserves the right not to factor in that particular transaction into calculation of the Rental Bonus. 

The rental business reserves the right to change or terminate completely its Rental Loyalty Bonus mailings unilaterally by amendment of the bonus conditions and publication thereof on the website. Any Rental Loyalty Bonus already issued shall remain unaffected even after termination of Rental Loyalty Bonus mailings and may be redeemed until the applicable expiration date.  

10. Binding Adjustments

Ski boots are fitted to the ski binding. If both items are rented out, they will comply with the safety provisions as stipulated in ISO-Norm 11088. 

When the rental object is handed over to the rental customer, no additional special safety checks or adjustments are undertaken as per ISO./ÖNORM. Upon request and compulsorily with respect to the customer’s own materials (e.g. the customer’s own ski boots together with rental skis, or the customer’s own skis in combination with rental boots), equipment will be checked and adjusted as per ISO-/ÖNORM. For this top-quality safety adjustment (= electronic bindings check) per ISO-Norm 11088, a flat rate of €10 will be charged. 

This on-site adjustment takes approximately 10 minutes. If the customer opts out of top-quality safety adjustment of rental objects (skis and boots), the ski bindings will be adjusted by hand in accordance with ISO-No. 

11. Liability

No liability is accepted for accidents of any kind. In particular, the rental business is not liable for damages due to inaccurate information provided by the customer – with particular reference to binding adjustments. 
The customer is aware that the rental business makes its booking platform available as a service at no obligation and subject to revocation at any time. Consequently, the customer has no claim to use or functionality of the booking platform in general, or to a specific technological status. In particular, the rental business accepts no responsibility for the uninterrupted availability of its platform or for the data administered thereon. Due to the nature of the Internet, transmission times and transmission quality are dependent upon Internet traffic. Furthermore, due to the current status of technology it is not possible to develop and operate software that is completely error-free, or to completely exclude all uncertainties within the context of the Internet. In this regard, the rental business assumes no liability for (temporary) non-availability of the booking platform or for inaccurate transmission of bookings.

12. Exchanges

The rental customer is free to exchange the model of the rented sporting equipment within the scope of the originally booked equipment category at no charge. If sporting equipment is exchanged for equipment in a higher category, the difference in price as shown in the price list must be paid either online in advance or in person at the rental business in question. The rental conditions of the rental shop in question shall apply.   

13. Data Processing

The rental business stores and processes certain personally identifiable data in the process of your online booking or in one of its shops in order to process bookings, as well as for participation in rental bonus mailings and in general for marketing purposes. Comprehensive information about the content and scope of this data processing within the framework of Art 13 and 14 GDPR can be found on our website under data privacy information.

C. CONCLUDING PROVISIONS

Applicable law, place of fulfillment, seat of jurisdiction

  1. With respect to the contract, its completion and any claims resulting therefrom, only Austrian law shall apply insofar as nothing else is stipulated.
  2. Place of fulfillment is the location of the corporate headquarters of Sport Bründl Gesellschaft m.b.H.
  3. The competent court at the location of the corporate headquarters of Sport Bründl Gesellschaft m.b.H. shall have jurisdiction over any disputes as may arise.

Data Privacy

Naturally, your personal data will be treated in the strictest confidence and not shared with third parties. For further information about our data privacy policies, please visit customer loyalty carddata protection or datenschutz@bruendl.at.

Liability for Links

Despite painstaking monitoring, we accept no responsibility for the content of external links. Responsibility for the content of pages to which we have installed links is borne exclusively by the operator of the target site in question.

Photo Credits

AdobeStock
Blocher Blocher Partners
Brian Erickson
Christian Wöckinger
David Schultheiss
ExpaPictures
Faistauer Photography
Felix Hens
Greg Rosenke
Johannes Heuckeroth Verbund
Kitzsteinhorn
Markus Greber
Mathäus Gartner
Matt Gross
Maximilian Bründl
Mayrhofen Bergbahnen
Mayrhofen Sportalpen
McArthurGlen
Michael Fischbacher
Michael Grössinger
Nathalie Desiree Mottet
Saalbach.com/Daniel Roos
Saalbach.com/Mirja Geh
Saalbach.com/Moritz Ablinger
Salzburgerland Tourismus/Günter Breitegger
Salzburgerland Tourismus/Markus Greber
Schladming-Dachstein.at
Schmittenhöhebahn AG
Schmittenhöhebahn AG/Felch
Schmittenhöhebahn AG/Lienbacher
STMG Parzer 
STMG Stadler
Thomas Marzusch
Tourismusverband Mayrhofen/Becknaphoto
Tourismusverband Mayrhofen/Dominic Ebenbichler
Tourismusverband Mayrhofen/Michael Werlberger
Tourismusverband Paznaun Ischgl
Zell am See-Kaprun Tourismus GmbH
Zell am See-Kaprun Tourismus GmbH/Sebastian Doerk

Subject to the liability disclaimer

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